[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Rules and Regulations]
[Page 20891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8925]



[[Page 20891]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA364


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian 
Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea and Aleutian Islands 
Management Area (BSAI). This action is necessary to fully use the B 
season allowance of the 2011 total allowable catch (TAC) of Pacific cod 
allocated to catcher vessels using trawl gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 9, 2011, 
through 1200 hrs, A.l.t., April 12, 2011. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., April 25, 2011.

ADDRESSES: Send comments to James W. Balsiger, Regional Administrator, 
Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, 
identified by RIN 0648-XA364, by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
    <bullet> Mail: P.O. Box 21668, Juneau, AK 99802.
    <bullet> Fax: (907) 586-7557.
    <bullet> Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record. Comment will 
generally be posted without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing 
fishing by U.S. vessels in accordance with the FMP appear at subpart H 
of 50 CFR part 600 and 50 CFR part 679.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
using trawl gear in the BSAI under Sec.  679.20(d)(1)(iii) on April 4, 
2011 (76 FR 18663, April 5, 2011).
    As of April 6, 2011, NMFS has determined that approximately 2,000 
metric tons remain in the directed fishing allowance of Pacific cod 
allocated to catcher vessels using trawl gear in the BSAI. Therefore, 
in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and 
(a)(2)(iii)(D), and to fully utilize the B season allowance of the 2011 
TAC of Pacific cod allocated to catcher vessels using trawl gear in the 
BSAI, NMFS is terminating the previous closure and is reopening 
directed fishing Pacific cod by catcher vessels using trawl gear in the 
BSAI. The Administrator, Alaska Region, NMFS, (Regional Administrator) 
considered the following factors in reaching this decision: (1) The 
current catch of Pacific cod by catcher vessels using trawl gear in the 
BSAI and, (2) the harvest capacity and stated intent on future 
harvesting patterns of vessels in participating in this fishery. In 
accordance with Sec.  679.20(d)(1)(iii), the Regional Administrator 
finds that this directed fishing allowance will be reached after 72 
hours. Consequently, NMFS is prohibiting directed fishing for Pacific 
cod by catcher vessels using trawl gear in the BSAI effective 1200 hrs, 
A.l.t., April 12, 2011.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the opening of directed fishing for Pacific cod by catcher 
vessels using trawl gear in the BSAI. Immediate notification is 
necessary to allow for the orderly conduct and efficient operation of 
this fishery, to allow the industry to plan for the fishing season, and 
to avoid potential disruption to the fishing fleet and processors. NMFS 
was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
April 6, 2011.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    Without this inseason adjustment, NMFS could not allow the B season 
allowance of the 2011 TAC of Pacific cod allocated to catcher vessels 
using trawl gear in the BSAI to be harvested in an expedient manner and 
in accordance with the regulatory schedule. Under Sec.  679.25(c)(2), 
interested persons are invited to submit written comments on this 
action to the above address until April 25, 2011.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: April 8, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-8925 Filed 4-8-11; 4:15 pm]
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